LUCKY OF 195 MADISON ST. ROOFING & CONTR. INC. v. CREIF 109 LLC

Index No. 153437/17. Appeal No. 12580. Case No. 2020-01398.

189 A.D.3d 481 (2020)

139 N.Y.S.3d 1

2020 NY Slip Op 07315

Lucky of 195 Madison Street Roofing & Contracting Inc., Appellant, v. Creif 109 LLC, Respondent, et al., Defendants.

Appellate Division of the Supreme Court of New York, First Department.

Decided December 8, 2020.


Attorney(s) appearing for the Case

Rivkin Radler LLP, Uniondale ( Henry Mascia of counsel), for appellant.

Ganfer Shore Leeds & Zauderer LLP, New York ( Mark A. Berman of counsel), for respondent.

Concur—Acosta, P.J., Gische, Oing, González, Kennedy, JJ.


Plaintiff commenced this action against Creif and others, alleging that the mortgages held by Creif, as mortgagee or assignee, were entered into by Allan James Stevo who was not an authorized signatory of plaintiff and had no authority to bind plaintiff. Accepting the facts as alleged as true, and according plaintiff every available inference, the amended complaint and proposed second amended complaint failed to state a cause of action against Creif for a judgment declaring...

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